A charge against former Utica Firefighter Richard Forte, which had been dismissed by Utica City Court Judge Christopher Giruzzi, has been reinstated shortly before Forte’s case is due to go to trial.

Forte is accused of ejaculating on a female coworker's turnout gear while on duty in January of 2018 at the District Five firehouse.

He was charged with making a punishable false statement, criminal mischief and criminal tampering.

Giruzzi dismissed the charge of making a punishable false statement last year.

Oneida County Court Judge Robert Bauer reversed Judge Giruzzi's last Friday, ruling Giruzzi had applied the incorrect legal standard in reviewing the charge and ordered it reinstated for trial.

"I am glad that Oneida County Court Judge Bauer reversed the erroneous ruling by City Court Judge Giruzzi," said Oneida County District Attorney Scott McNamara. "We will continue to do everything we can to seek justice for the victim in this case. Sexual Harassment in the workplace - especially when it is criminal in nature - is simply unacceptable."

Forte's next court appearance is scheduled for April 19th.